RAMCHARAN MAINA Vs. MALKHAN SINGH MAINA

JUDGEMENT

(1.) Petitioner has filed this petition under Sec. 482 of Cr.P.c. for recalling / modification of order dtd. 21/6/2023 passed in M.Cr.C.No. 21486/2023.

(2.) It is the submission of learned counsel for the petitioner that the petitioner filed the aforesaid petition for restoration of Cr.R.No. 37/2009, which stood dismissed for want of prosecution vide order dtd. 25/4/2023 and while passing the aforesaid order, the Court has also vacated the order dtd. 2/2/2009 whereby, interim protection against his sentence was granted to him and petitioner was directed to surrender before the trial Court.

(3.) It is the submission of learned counsel for the petitioner that while passing the order for restoration, this Court has not mentioned about the interim protection extended to the petitioner in Cr.R.No. 37/2009 and since the Criminal Revision itself is restored, then the aforesaid interim order was also liable to be revived automatically; and direction to trial Court for making efforts for arrest of petitioner was also liable to be recalled.